Insurance Coverage Issues That Emerged from the World Trade Center Attacks

Insurance Coverage Issues That Emerged from the World Trade Center Attacks

The third of three articles in the Spring 2009 issue of New Appleman on Insurance: Current Critical Issues in Insurance Law is entitled, “Insurance Coverage Issues That Emerged from the World Trade Center Attacks” by Mitchell L. Lathrop, who is Of Counsel to Duane Morris LLP, analyzes the wide range of court cases that sprung from this unique event in American history.
 
Well over 100 reported decisions have been rendered in connection with the WTC attacks. The litigation continues today. This article examines some of the many issues under litigation, including: (1) Issues surrounding the election of remedies provided by Title IV of the Air Transportation Safety and System Stabilization Act (ATSSA); (2) Issues as to the scope of ATSSA with respect to the phrase “arising out of” the WTC attacks, specifically, bodily injuries suffered within what date and what geographical area would be deemed “arising out of” the WTC attacks?; (3) Issues as to whether business interruption claims made by businesses far removed from the WTC disaster came within the scope of ATSSA; (4) Issues as to the scope of “as a result of” or what constituted “wounds or injury” within the Victims of Terrorism Tax Relief Act of 2001; (5) Issues as to how many “occurrences” of property damage the two plane crashes caused under the terms of pertinent insurance policies; (6) Valuation of loss issues; (7) Allocation between triggered policies when a business was destroyed in the September 11th attacks; (8) Issues as to whether a tenant breached its lease by obtaining insurance coverage expressly excluding acts of “terrorism”; (9) Errors and omissions issues as to building design and the safety of leasehold improvements; (10) Issues surrounding products liability claims; and (11) Issues surrounding workers’ compensation death benefits.
 
Access the article Insurance Coverage Issues That Emerged from the World Trade Center Attacks in the Spring, 2009 issue of Current Critical Issues on Lexis.com.
 
Purchase the New Appleman on Insurance: Current Critical Issues in Insurance Law publication on the LexisNexis Store.